JIMICUM v. TULALIP HOUSING AUTHORITY

6 NICS App. 140, JIMICUM v. TULALIP HOUSING AUTHORITY (June 2004)

IN THE TULALIP TRIBAL COURT OF APPEALS

TULALIP INDIAN RESERVATION

TULALIP, WASHINGTON

Mitchell Jimicum, Appellant,

Tulalip Housing Authority, Appellee.

TUL-Cv-GC-2004-0158 (June 22, 2004)

SYLLABUS^*

Trial court issued writ of restitution following defendant’s failure to appear at hearing on the merits. Court of Appeals holds notice of the hearing was properly posted and served in accord with tribal code and no error of law or procedure occurred. Trial court order affirmed.

Before: Jane Smith, Chief Justice.

OPINION

This matter came before the Court of Appeals pursuant to a Notice of Appeal being filed by Appellant on June 16, 2004. Appellant is appealing a final judgment issued by the Trial Court on June 1, 2004. Appellant filed a Motion for Reconsideration which was denied by the Trial Court on June 16, 2004. The appeal has been timely filed.

Appellant is specifically appealing the Writ of Restitution issued by the Trial Court, alleging that he did not receive notice of the hearing due to service being given to an adult at the home who may have disposed of the Complaint and Notice without telling Appellant. Upon review of the case, the Court of Appeals finds that the Trial Court correctly applied the law concerning service of the documents filed in this case. Appellant was given adequate notice of the pending case and subsequent hearing. He failed to appear for the hearing and the Court correctly ordered issuance of the Writ of Restitution. The Complaint and Notice were both posted at the home and a copy mailed to Appellant at the correct address. While the Court sympathizes with Appellant's apparent reason for failing to respond to the Complaint and Notice, the Court must defer to the decisions of the Trial Court unless there is an obvious violation by the Trial Court in interpreting and applying the law. In the instant case, no such violation or error by the Trial Court can be found.

6 NICS App. 140, JIMICUM v. TULALIP HOUSING AUTHORITY (June 2004) p. 141

It is therefore ORDERED that the Appeal is hereby dismissed and this matter remanded to the Trial Court for processing consistent with this Order.

The syllabus is not a part of the Court's Opinion. The syllabus is a summary of the Opinion prepared by the publishers of this Reporter only for the convenience of the reader. Therefore, the syllabus should not be cited in whole or part as legal authority. Only the Opinion, which follows the syllabus, may be cited as legal authority.